The Post-Star from Glens Falls, New York • 16

B8 Friday, July 26, 1991 The Post-Star, Glens Falls. N.Y. Obituaries Trooper's rape conviction overturned Philip H. Jones By Robert Dellaflore The Associated Press ALBANY A sharply divided state appeals court Thursday over-' turned the 1989 rape conviction of a former state trooper, saying the officer was denied his rights during the trial. The Appellate Division of state Supreme Court, in a 3-2 ruling, ordered a new trial for Robert Bennett who was convicted by a Saratoga County jury of first-degree rape, first-degree sodomy, first-degree sexual abuse, coercion, unlawful imprisonment and official misconduct.

The charges were lodged in connection with a September 1988 incident involving a college professor Bennett had stopped while on patrol along the Adirondack Northway. The woman, age 29 at the time, The appeals court said Bennett should have been allowed to testify in his own defense without having to talk about another case in which he had also been charged. Bennett had been indicted in Albany County for criminal impersonation. Those charges allege that while Bennett was on suspension from the State Police following his arrest, he posed as a State Police investigator in an attempt to gather information in a case in which he said the college professor was a defendant. Saratoga County Court Judge Frank Williams told Bennett that he would not be allowed to invoke his Fifth Amendment rights against self incrimination if asked about the Albany County case.

Prosecutors had maintained that an attempt to gather information on the woman was an indication that Bennett knew he was gu i Ity of the rape. After being told he could not take the Fifth Amendment regarding the Albany case, Bennett decided not to testify. The appeals court said Williams' determination in that matter compromised Bennett's rights. Bennett's lawyer, Stephen Coffey, would not say if Bennett would testifylf the case is retried. Bennett was sentenced to the maximum 8 1-3 to 25 years in prison but has been free on bail pending the appeal.

He was fired from the State Police upon his conviction. State Police spokesman Sgt. Robert Armet said Bennett's status would not change because of Thursday's ruling. The Albany County case has been on hold pending the outcome of the rape case. had testified that Bennett stopped her for an improper lane change and erratic driving, told her she might be intoxicated and then took her to a wooded area and raped her.

Along the way, the woman testified, Bennett stopped at the State Police 4 barracks to get a condom. Saratoga County officials said they would take the case to the state Court of Appeals, New York's highest court. "I think this is an error," Assistant District Attorney Thomas McNamara, who prosecuted Bennett, said of the decision. "No one remembers the victim. No one remembers the impact on the victim's life.

I think that's unfortunate." Bennett, then age 36 and an eight-year veteran of the State Police, did not testify during the week-long trial. CAMBRIDGE Philip H. Jones, 49, of Jerome Drive, Cambridge, died Wednesday (July 24, 1991) at Albany Medical Center after a short illness. Born on March 6, 1942, in Petersburg, he was the son of Margaret (Phillips) Jones of Eagle Bridge and the late George Jones, who died in 1 1 Mr. Jones moved to the Eagle Bridge area at an early age and was educated at schools in Cambridge.

His wife was Elise (Zettl) Jones of Cambridge. Mr. Jones was a veteran of the U.S. Army, serving with the National Guard for eight years out of Bennington, Vt. He was employed at the Columbia Corp.

in Walloomsac for the past 25 years. He was a member of the Hoosick Falls Eagles AERIE 2417, the American Legion Post 634 of Cambridge, the United Paper Workers International Union Local 1 142 and the Redeemer Lutheran Church of Shaftsbury. Survivors besides his wife and mother include three daughters, Veronica Brown of Greenwich, Elizabeth Jones of New Hampshire and Zoe Woodaell of Cambridge; one son, Philip M. Jones of Rome; four sisters, Violet Bentley, Linda Hussey and Helen Ruditis, all of Hoosick Falls, and Linda Jones of Bennington, five grandchildren; and several nieces and nephews. A memorial service will be conducted at 10:30 a.m.

Saturday at the Redeemer Lutheran Church, Shafts-bury, with the Rev. Paul Alberit officiating. Burial will be at a later date. Friends may call from 2 to 4 and 7 to 9 p.m. today at the Mahar Funeral Home, 43 Main Hoosick Falls.

The family suggests memorial donations be made to the Albany Medical Center, Cardiac Unit, through the funeral home Morthcast NiMo to resume payment of dividends W. Emerson Rogers Wood of Castleton and Scott R. Wood of Gansevoort; and two great-grandchildren. Services will be conducted at 10 a.m. Saturday at the M.B.

Kilmer Funeral Home, 82 Broadway, Fort Edward, with the Rev. Roger Martin, pastor of the First Presbyterian Church of Hudson Falls, officiating. Burial will be at Union Cemetery, Fort Edward. Friends may call from 2 to 4 and 7 to 9 p.m. today at the funeral home.

The family suggests memorial donations be made to the Fort Edward Rescue Squads or to the Fort Edward Village Baptist Church. FORT EDWARD W. Emerson Rogers, a former employee of the Glens Falls Post Co. for 34 years, 81, of 74 Broadway, and a lifelong resident of Fort Edward, died Thursday (July 25, 1991) after a short illness. Born in Fort Edward on March 31, 1910, he was the son of Frank and Mabel (Day) Rogers.

Mr. Rogers retired from the Glens Falls Post where he was a linotype operator for the Glens Falls Times years of service. Survivors include his wife of 54 years, Vivian (Woodford) Rogers of Fort Edward; one son, Thomas E. Rogers of Queensbury; one daughter, Leslie R. Wood of South Glens Falls; two grandsons, Kyle T.

By William Kates The Associated Press SYRACUSE Niagara Mohawk Power Corp. said Thursday it will begin paying a quarterly dividend to shareholders for the first time since suspending payments two years ago because of financial troubles. The Syracuse-based utility will pay a third-quarter dividend of 16 cents a share, to be paid Aug. 31 to shareholders of record Aug- 9, said William Donlon, chairman and chief executive officer. Donlon called restoration of the dividend a significant milestone in Niagara Mohawk's recovery.

"Dividend reinstatement is the strongest signal yet that our situation has been turned around," Donlon said. Niagara Mohawk stopped paying a quarterly common stock dividend in June 1989 because of losses associated with its two nuclear plants on Lake Ontario and the uncertainty of future rate relief. The dividend, which had been as high as $2.08 in 1986, had fallen to 30 what I predict." Paul Gioia, a former PSC mem- -ber now with First Albany said Niagara Mohawk clearly could have set a higher dividend, but that the company did the right thing by starting with a low payment. "They can increase it steadily and create a positive atmosphere rather than trying to get it all back at once," he said. The industry average payout ratio on common stock dividend is about 75 percent of earnings, said -Abramson.

The 16-cent level set by Niagara Mohawk amounts to about 43 percent of its projected $1.50 annual earnings per share for the current fiscal year, he said. In other news, Niagara Mohawk reported second quarter earnings of $47.7 million, or 35 cents per share, compared with $24.9 million or 18 cents a share for the second quarter of 1990. For the first six months, earnings 1 were $147.3 million, or $1.08 per share. For the first half of 1990, earnings were $106 million, or 78 cents a share. i Growth in the dividend depends on continued improvements in Niagara Mohawk's nuclear division as well as continued efforts to control costs and meet incentive performance targets set out in the utility's new multi-year rate agreement with state regulators, Donlon said.

Analysts also took the news in stride. "All the signs were there over the last few months," said Barry Abramson, an industry analyst with Prudential-Bache. Niagara Mohawk cleared the final hurdle in June when the U.S. Nuclear Regulatory Commission took its two Nine Mile Point nuclear plants off its "watch list" of worst-run reactors. "They did what they said they would.

It's in line with our range of expectations, which was between 60 and 80 cents," said Abramson. "It's a safe level," said Ed Tirello of Smith-Barney. "But by setting it at 64 cents there's a chance they'll raise it another 10 cents within the year. Then I think you'll see about 10 percent growth a year. That's cents a share when it was suspended.

Despite the good news, it was business-as-usual for the power company Thursday, said spokesman Stephen Brady. "It was not totally unexpected. Most of Wall Street has been expecting this for a while," said Brady. "And Donlon has been clear that the dividend would be restored this year, preferably in the third quarter." Brady admitted the 16-cent quarterly dividend was on the conservative side, but said it was what senior management and the board of directors felt was a sustainable level. "We didn't want to put ourselves in a situation where we started with a high dividend, then after a quarter or two find we're running into problems and have to reduce or omit it again," said Brady.

"This is a level we can sustain and a level that will allow some growth." Donlon said the board will review the level of the dividend periodically and not necessarily wait a full year. Deanna Arlene (Dornan) Herrod Hf an pleads guilty to fatally locking 2-year-old boy bie Keene of Elmore, one son, John Herrod Jr. of Little Creek, six sisters, Barbara Merriman of Cambridge, Patricia Sargent and Terry Foster, both of Lake Worth, Caudette Leach of Flint, Joyce Wilbourn of Newton, and Beverly Graham of Susanville, and one brother, Douglas Dornan of Saratoga Springs. Services were conducted June 30, 1991, in Elmore, Ala. Local arrangements were under the direction of the McClellan Funeral Home, Salem.

HARTFORD Deanna Arlene (Dornan) Herrod, 50, former resident of Hebron, died unexpectedly Friday, June 28, 1991, at her home in Elmore, Ala. Bom in Cambridge or. Nov. 29, 1940, she was the daughter of Ruth (Hungerford) Kirchner of Flint, and the late William Dornan. Mrs.

Herrod was a graduate of Hartford Central School, Class of 1958, former member of the West Hebron Methodist Church and a veteran of the U.S. Army. Survivors besides her mother include her husband, John W. Herrod of Elmore; one daughter, Deb Gauthier also told the judge that at times he saw Virginia German hit the boy. German faces reckless endanger-ment and other charges in connection with the death.

She has been in jail since Jan. 14 on $150,000 bail. The Associated Press ALBANY A 36-year-old man admitted in court that he fatally kicked his girlfriend's child in the stomach. Michael Gauthier pleaded guilty Wednesday to second-degree murder before state Supreme Court prison when sentenced Sept. 4.

"I stopped him from crying and he went in and started playing again, and I went and laid down," Gauthier was quoted by the Albany Times-Union. "When I got back up, I noticed that he wasn't moving, and I called the paramedics." Justice Joseph Harris in the death of 2-year-old Alexander German. Gauthier was baby-sitting Alex and his younger sister on Dec. 16 in the apartment he shared with Virginia German when he kicked the child. Virginia German, 32, was away at work.

Gauthier faces 20 years to life in Marion (Openheim) Rosenberg Local 3-car accident in FE leaves 4 hurt resident of the Indian River Nursing Home in Granville. Survivors include three sons, Alan Rosenberg and Fred Rosenberg, both of New York City, and Robert Rosenberg of Glens Falls. Services will be conducted at the convenience of the family Saturday at the M.B. Kilmer Funeral Home, 82 Broadway, Fort Edward. There are no calling hours scheduled.

The family suggests memorial donations be made to the Fort Edward Rescue Squad. FORT EDWARD Marion (Openheim) Rosenberg, 80, a former resident of Mechanic Street, Fort Edward, died Tuesday (July 23, 1991) at Glens Falls Hospital after a long illness. Born in Dowagiac, on Sept. 3, 1910, she was the daughter of Abraham and Clara (Miller) Openheim. Mrs.

Rosenberg operated the Murray Department Store in Fort Edward, with her husband, Murray Rosenberg, who died in 1981. For the last 10 years, she was a injuries would have been much worse." Carreau told police he could not remember what happened to make him veer into the oncoming lane. Although he has a history of epileptic seizures, he said he had taken his medication earlier, Marcantonio said. Marcantonio was assisted by Sheriffs Sgt. Frank Diamond, who coordinated rescue efforts, Deputy Ronald Saunders and District Attorney investigators David Pollock and Terry Allen.

Also assisting at the scene were members of the New York state police, Fort Edward Police Department, and Fort Edward Fire Department. In the aftermath of the accident, the road was closed for about two hours, police said. St. James Marcantonio said the investigation into the-accident will continue. By Elizabeth Muhllg Correspondent Four people were injured in a three-car accident on St.

James Road in the town of Fort Edward on Wednesday. Police said a car being driven south by Roland N. Carreau, 46, of New Bedford, at about 1 1 a.m. crossed the center line and hit a car being driven in the opposite direction by Sheri A. Hughes, 25, of Clay Road in Greenwich.

Hughes car then crossed the road and hit a car driven by Thomas W. Nace, 4 1 of Queensbury. Carreau, the only one not injured in the accident, was charged with failure to keep right and not wearing a seatbelt. He was arraigned in front of Argyle Town Justice Edna Haseley and was sent to Washington County Jail in lieu of $150 cash, police said. Hughes and her 11 -month-old son, Jacob, were taken to Glens Falls Hospital by the Fort Edward Rescue Squad where Hughes was treated for back injuries and the baby, who had been held in a child restraint in the back seat, was treated for bruises.

Nace and a passenger, Michael George, 40, no address given, were both taken to Glens Falls Hospital with chest injuries, according to police. Their condition was not available from the hospital Wednesday night. "The damage was quite extensive," said Washington County Sheriffs Deputy William Mar-cantonio, who investigated the accident. "They had to get wreckers for all three vehicles. I think what saved the other two men (Nace and George) was that they were wearing seatbelts.

The Funeral notices 4 arrested on cocaine charge denied bail agent" used to mix in with cocaine. Crumb was on parole from state prison, according to the report. The four were arraigned before a Wilton town justice who ordered" them held without bail in the Saratoga County Jail pending a-court appearance Aug. 6. The car was impounded WILTON Three men and a youth were ordered held without bail after they were stopped Tuesday in a car containing cocaine, according to State Police records.

John Brown, 23, of Staten Island; David Leblanc, 20, of Tupper Lake; Shawn Crumb, 24, of Lake Placid; and a 16-year-old Tupper Lake boy, whose name was not released, were charged after a trooper pulled their car over for a violation, according to records. Trooper Michael Kopy stopped the four as they headed through Wilton northbound on the Adirondack Northway early Tuesday. According to Kopy's report, the four were charged with felony counts of third-degree criminal pos Marie P. (Ryan) Lovely Mass of Christian burial for Marie P. (Ryan) Lovely, 9:30 a.m.

Friday, St. Mary's Church, Glens Falls. Scott H. Spofford 1 PHOENIX, Ariz. Services for Scott H.

Spofford, 9:30 a.m. Saturday, Grimshaw Bethany Chapel, Phoenix, and Mass of Christian burial, 10 a.m. Saturday, St. Gregory's Church, Phoenix. Katharine Brash CAMBRIDGE Graveside services for Katharine (Whiteside) Brash, 2 p.m.

Friday, at Whiteside Cemetery, Cambridge. Thyra O. Nelson WEST PAWLET, Vt. Services for Thyra G. Nelson, 1 p.m.

Friday, Robert M. King Funeral Home, Granville, N.Y. session of cocaine and second-degree criminal possession of drug paraphernalia. Kopy could not be reached Wednesday for additional information. Trooper Jonathan Hammond who assisted with the arrest, said the charge involved roughly 40 grams of cocaine and a "cutting Evelyn E.

Crosble SOUTH GLENS FALLS Memorial services for Evelyn E. Crosbie, who died July 18, 1991, will be conducted at 7 p.m. Friday at Kingdom Hall Jehovah's Witnesses, Reynolds Road, South Glens Falls. Gary P. Goodrich FAIR HAVEN, Vt.

Services for Gary P. Goodrich, 1 1 a.m. Friday, St. Luke's Episcopal Church, Fair Haven. Rev.

Harold D. Hayward KATTSKILL BAY Memorial services for the Rev. Dr. Harold D. Hayward, 92, who died Friday, July 12, 1991, will be conducted at 2 p.m.

Sunday at the Caldwell Presbyterian Church of Lake George. Dirths A For AlOccoMo OMI A OfRCS PLANTl 1 law DCUYEKJ aTV rw prorar Obituary Policy HOSES 5 Maternal grandparents are Mr. and Mrs. Merrill Patrick of Schuylerville. Paternal grandparents are Mr.

and Mrs. Ralph Carr of Schuylerville. A son, Craig Robert, to Janet and Craig Louis DeRusso of Ballston Spa, Thursday, July 25, 1991, at 3:58 a.m., 6 pounds 12 ounces, 19)4 inches long, at St Peter's Hospital, Albany. Maternal grandparents are Robert and Marilyn Snare of Assembly Point. Paternal grandparents are Louis and Jane DeRusso of Lake George.

Births reported at Glens Falls Hospital are: A daughter, Brooke Lee, to Terra Martindale and Dan LaRock of RD1, Liebig Road, Granville, Wednesday, 7, 1991, at 9:41 p.m., 7 pounds 4H ounces, 2014 inches long. Maternal grandparents are Mr. and Mrs. Norman Burch of Granville. Paternal grandparents are Mr.

and Mrs. Jack LaRock of Fort Edward. Other births reported are: A daughter, Brittni Lynn, to Elaine and Paul Kill of Woonsocket, R.I., Wednesday, July 17, 1991, at 9:44 a.m., 7 pounds 8 ounces, 21 inches long, at Woonsocket Landmark Medical Center, Woonsocket, R.I. Paternal grandparents are Tom and Eunice Kill of Johnsburg. Maternal grandmother is Doris Poisson of Woonsocket, RJ.

A son, Christopher Lee, to Lois and Edward Carr of Grange Hall Road, Schuylerville, Monday, July 15, 1991, at 3:28 p.m., 7 pounds 15)4 ounces, 21 inches long, at Saratoga Hospital, Saratoga Springs. The Post-Star publishes obituaries of residents and former residents of our circulation area. We believe obituaries are the stories of people's lives, and we treat these stories with care and respect. Obituaries are printed free as a service to our readers. Obituary information comes to The Post-Star from funeral directors.

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